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(영문) 대구지방법원 상주지원 2017.11.28 2017고단485
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Poter Freight.

On June 3, 2017, the Defendant driven the above cargo vehicle at around 05:40, while permanently staying at around 05:40, led to the intersection of the private distance at the entrance of the village located in the 4-lane 6-hon-dong, Suduk-dong, Seoul, to the intersection from one side of the cuk-ro.

Since there is a long distance crossing that is not supported by traffic control, there was a duty of care to prevent accidents by properly examining whether a person engaged in driving service has a motor vehicle, etc. while engaging in temporary suspension or slowly, and as such, there was a duty of care to prevent accidents.

Nevertheless, the Defendant neglected to do so and found the E-to-face driving of the victim D(70) to turn to the left from the right-hand side of the e-mail in the e-mail of the e-mail in the direction of the e-mail of the e-mail and operated the e-mail. However, the Defendant did not avoid the e-mail and did not turn to the left-hand side of the e-mail left-hand side of the e-mail of the e-mail of the Defendant.

Around 16:44 of the same day, Defendant 1 caused the death of the victim due to the above occupational negligence in the Red Cross Hospital located in the Republic of Korea where the victim was being treated for transmission after the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on the occurrence of a traffic accident, a death diagnosis report and a autopsy report;

1. The ledger of driver's licenses for each motor vehicle and the registers of each motor vehicle;

1. Application of Acts and subordinate statutes to on-site photographs and motion picture photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant recognizes and reflects the crime, the fact that the victim's bereaved family members have agreed with the bereaved family members, and the fact that there is no criminal record in the

1. The scope of recommendations and punishments according to the sentencing guidelines provided for in Article 62-2 of the Criminal Act shall be limited to two types of general traffic accidents;

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